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Record W1514496908

Democratic Rights and Social Science Evidence

2014· article· en· W1514496908 on OpenAlexaffabout
Michael Pal

Bibliographic record

VenueSSRN Electronic Journal · 2014
Typearticle
Languageen
FieldSocial Sciences
TopicLegal Education and Practice Innovations
Canadian institutionsUniversity of Ottawa
Fundersnot available
KeywordsProportionality (law)Political scienceSupreme courtFundamental rightsCharterJurisprudenceDemocracyLawSocial rightsInternational human rights lawHuman rightsLaw and economicsSociology
DOInot available

Abstract

fetched live from OpenAlex

I argue that the Supreme Court of Canada's analytical framework for assessing social science evidence in its proportionality analysis is inadequate with respect to democratic rights and freedoms. The article addresses the limits to the use of social science evidence in cases engaging s. 3 and s. 2(b) of the Charter of Rights and Freedoms. The article then identifies and critiques the Supreme Court's existing approach to social science evidence in its proportionality analysis in cases involving democratic rights and freedoms. I argue that the jurisprudence permits a highly deferential approach to the state's justification for infringing democratic rights and freedoms. This approach is inappropriate given the risk of partisan self-dealing by incumbents and in conflict with the Court's jurisprudence identifying democratic rights as fundamental or core rights entitled to the highest level of protection.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.082
metaresearch head score (Gemma)0.181
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.114
Threshold uncertainty score0.435

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0820.181
Meta-epidemiology (narrow)0.0010.001
Meta-epidemiology (broad)0.0020.002
Bibliometrics0.0100.006
Science and technology studies0.0130.097
Scholarly communication0.0250.023
Open science0.0050.019
Research integrity0.0100.017
Insufficient payload (model declined to judge)0.0060.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.025
GPT teacher head0.366
Teacher spread0.341 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2014
Admission routes2
Has abstractyes

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